The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8681

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            October 23, 2019
                               ___________

Introduced  by M. of A. REYES -- read once and referred to the Committee
  on Ways and Means

AN ACT to amend the tax law and the state finance law,  in  relation  to
  allowing taxpayers to make a gift to the abortion access fund on their
  personal income tax returns

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The tax law is amended by adding a  new  section  630-g  to
read as follows:
  §  630-G. GIFT TO THE ABORTION ACCESS FUND. EFFECTIVE FOR ANY TAX YEAR
COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AN  INDI-
VIDUAL  IN  ANY  TAXABLE  YEAR MAY   ELECT TO CONTRIBUTE TO THE ABORTION
ACCESS FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR  AMOUNT  AND
SHALL  NOT  REDUCE  THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE
COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX  RETURN  TO
ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. THE COMMISSIONER SHALL ALSO
ENSURE THAT A DESCRIPTION OF THE ABORTION ACCESS FUND IS INCLUDED WITHIN
THE TAX FORM PREPARATION INSTRUCTION BOOKLET.  NOTWITHSTANDING ANY OTHER
PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
BE CREDITED TO THE ABORTION ACCESS FUND AND SHALL BE USED ONLY FOR THOSE
PURPOSES  ENUMERATED IN SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
  § 2. The state finance law is amended by adding a new section 99-hh to
read as follows:
  § 99-HH. ABORTION ACCESS FUND. 1. THERE IS HEREBY ESTABLISHED  IN  THE
JOINT  CUSTODY  OF  THE  COMPTROLLER  AND  THE COMMISSIONER OF HEALTH, A
SPECIAL FUND TO BE KNOWN AS THE "ABORTION ACCESS FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
PROVISIONS OF SECTION SIX HUNDRED THIRTY-G OF THE TAX LAW, AND ALL OTHER
MONIES  APPROPRIATED,  CREDITED,  OR  TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED  HEREIN SHALL  PREVENT
THE  STATE  FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13468-01-9

A. 8681                             2

THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM  INTO  THE  FUND
ACCORDING TO LAW.
  3.  A.  ON  OR  BEFORE  THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMP-
TROLLER SHALL CERTIFY IN A REPORT TO THE GOVERNOR, THE TEMPORARY  PRESI-
DENT  OF  THE  SENATE,  THE  SPEAKER OF THE   ASSEMBLY, THE CHAIR OF THE
SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY  WAYS  AND  MEANS
COMMITTEE,  THE  AMOUNT  OF  MONEY DEPOSITED IN THE ABORTION ACCESS FUND
DURING THE PRECEDING CALENDAR YEAR AS  THE  RESULT  OF  REVENUE  DERIVED
PURSUANT  TO  SECTION  SIX  HUNDRED  THIRTY-G  OF  THE  TAX LAW AND FROM
GRANTS,_GIFTS AND BEQUESTS. SUCH REPORT SHALL INCLUDE HOW THE MONIES  OF
THE  FUND  WERE  UTILIZED  DURING THE PRECEDING CALENDAR YEAR, AND SHALL
INCLUDE:
  (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD  PROCESS
USED FOR SUCH DISBURSEMENTS;
  (II) RECIPIENTS OF AWARDS FROM THE FUND;
  (III) THE AMOUNT AWARDED TO EACH;
  (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
  (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES  OF  ALL RECEIPTS AND DISBURSEMENTS FOR THE CURRENT AND SUCCEEDING
FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL YEAR.
  B. AMOUNTS EXPENDED FOR ABORTION ACCESS FUNDS PURSUANT TO THIS SECTION
SHALL NOT AFFECT THE AMOUNT THAT WOULD  OTHERWISE  BE  APPROPRIATED  FOR
ABORTION ACCESS FUNDS UNDER ANY OTHER PROVISION OF LAW.
  C.  THE  STATE SHALL NOT REQUEST, PROMULGATE REGULATIONS TO, OR OTHER-
WISE REQUIRE, ANY NON-PROFIT  ORGANIZATION  RECEIVING  MONIES  FROM  THE
ABORTION  ACCESS  FUND TO DIVULGE THE NAME, ADDRESS, PHOTOGRAPH, LICENSE
NUMBER, EMAIL ADDRESS, PHONE NUMBER, OR ANY OTHER PERSONALLY IDENTIFYING
INFORMATION OF ANY EMPLOYEE, CONTRACTOR, OR VOLUNTEER OF SUCH  ORGANIZA-
TION,  OR ANY PATIENT, OR INDIVIDUAL WHO SOUGHT OR RECEIVED FUNDING FROM
SUCH ORGANIZATION.
  D. ANY NON-PROFIT  ORGANIZATION  RECEIVING  FUNDS  FROM  THE  ABORTION
ACCESS FUND SHALL TAKE ALL NECESSARY STEPS TO ENSURE THE CONFIDENTIALITY
OF THE INDIVIDUALS RECEIVING SERVICES.
  4.  MONIES  OF  THE  FUND SHALL BE EXPENDED, PURSUANT TO A REQUEST FOR
PROPOSALS ISSUED  BY THE COMMISSIONER OF HEALTH, TO FUND THE OPERATIONAL
AND  PROGRAMMATIC  EXPENSES  OF  NOT-FOR-PROFIT  ENTITIES  THAT  PROVIDE
SUPPORT  TO  INDIVIDUALS  IN  NEED  OF  ABORTION SERVICES, BY ADDRESSING
FINANCIAL AND LOGISTICAL BARRIERS THAT  PREVENT  ACCESS  TO  CARE.  THIS
SHALL  INCLUDE,  BUT IS NOT LIMITED TO, FUNDING FOR MEDICAL SERVICES AND
LOGISTICAL COSTS.
  5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE  THE  STATE
OR  ANY AGENCY OF THE STATE, TO REQUEST OR REQUIRE ANY INFORMATION OTHER
THAN INFORMATION REQUIRED IN  PARAGRAPH A OF SUBDIVISION THREE  OF  THIS
SECTION, FROM THE AWARD RECIPIENTS OF THE ABORTION ACCESS FUND.
  § 3. This act shall take effect immediately.